Infringement of fundamental right.


Respected members,

I am a resident of NOIDA (U.P) and my house is in the ground floor of my building.  The building is of 4 floors .My neighbour who lives on first floor have installed CCTV cameras in his house couple of days back, however it has come to my notice that 3 of those cameras which he has installed are pointed towards the following areas of my house ;-

1. The front/entrance door of my house

2. Verandah in the southern side of my house

3. Verandah in the northern side of my house.

I have informed him about my discomfort with this but he was rude and paid no heed. In light of the recent landmark judgement of the Hon'ble Supreme Court regarding Right to Privacy what are the remedies i can take?  Can i approach the Hon'ble Supreme court under Article 32 of Indian Constitution.

Any legal advice is welcomed :)

 
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Advocate

Nobody can peep into any other person's privacy. if any part of your premises is covering in the footage then you may raise objection, also can move to the court.

But before going to the court it is suggested to put the issue on record by;

Informing the same in writing to your local police station.

Issuing a legal notice to your neighbour.

 
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Scientist/Engineer

If you have already talked to him and he did not listen, you send him a lawyer notice giving reasons for your objection and asking him to remove them. If he refuses you can go to a court as per advice of the lawyer.

 
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Do i have the right to approach the Supreme Court ?

 
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Scientist/Engineer

I do not know. Some lawyer may answer your question. If a lower court can solve your problem, why go to Supreme Court.

 
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Originally posted by : Sarthak Nayar
Do i have the right to approach the Supreme Court ?

Not at this stage because the State is not violating your fundamental right. Your fundamental right is being violated by a private individual. You will have to follow the due process of law for remedy and relief from your problem. I agree with the opinion of Advocate Vikas Tiwari that inform Police and issue legal notice. You cannot ask him to totally remove his cameras because he also might have his own legitimate security concerns. You can certainly ask him to change direction of the cameras to ensure they do not peep into your private space or home.


Total likes : 1 times

 
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@democraticindian Thank you for your reply. Sir the cameras are not peeping into my space but directly faced towards me camera no 2 and 3 are only covering my property and doesn't even point out at any public area. Sir can you please educate me what all is included in due process of law? What all should i do concisely. Thanking you again.
 
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Originally posted by : Sarthak Nayar
Sir can you please educate me what all is included in due process of law? What all should i do concisely.

Due process in this matter is the formal required procedure as laid down in law. What Advocate Vikas Tiwari has suggested is part of that procedure. That is why you were told to give legal notice to him and also lodge complaint with Police. If the concerned person rectifies himself after this step, your problem is solved. Else if he decides to legally contest this matter in courts, then you will have to take the next logical legal step. Your lawyer will know what needs to be done.

 
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